Feed for /2011/related/proposals/ab207 PDF
LRB-2012/1
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2011 - 2012 LEGISLATURE
July 27, 2011 - Introduced by Representatives J. Ott, T. Larson, Jacque, A. Ott,
Petryk, Rivard, Honadel, Staskunas, Spanbauer, Endsley
and Jorgensen,
cosponsored by Senators Darling, Leibham, Galloway, Carpenter and Kedzie.
Referred to Committee on Transportation.
AB207,1,4 1An Act to amend 346.65 (2) (am) 1., 346.65 (2) (am) 2., 346.65 (2) (bm), 346.65
2(2g) (a), 346.65 (2g) (ag), 346.65 (2g) (d) and 346.65 (7); and to create 346.65
3(2) (am) 1m. of the statutes; relating to: penalties for driving a vehicle while
4under the influence of an intoxicant and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a first offense for operating a motor vehicle while having a
prohibited alcohol concentration (0.08 in most circumstances) or while under the
influence of alcohol, a controlled substance, or both (OWI offense), is a civil violation.
A person who commits a first OWI offense is subject to a forfeiture of not less than
$150 nor more than $300. A second OWI offense is a crime and is punishable by a
fine of not less than $350 nor more than $1,100, imprisonment for not less than five
days nor more than six months, or both. Subsequent OWI offenses are also crimes
punishable by fines and periods of imprisonment that increase with every
subsequent offense.
Under this bill, a person who commits a first OWI offense with an alcohol
concentration of 0.15 or greater is guilty of a crime and may be fined not less than
$350 nor more than $1,100 and imprisoned for not less than five days nor more than
six months. The bill also increases the penalty for a second OWI offense to a fine of
not less than $500 nor more than $1,500, imprisonment for not less than ten days nor
more than six months, or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB207, s. 1 1Section 1. 346.65 (2) (am) 1. of the statutes is amended to read:
AB207,2,32 346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
3as provided in subds. 2. 1m. to 5. 7. and par. (f).
AB207, s. 2 4Section 2. 346.65 (2) (am) 1m. of the statutes is created to read:
AB207,2,75 346.65 (2) (am) 1m. Except as provided in subds. 2. to 7., if the person had an
6alcohol concentration of 0.15 or more, shall be fined not less than $350 nor more than
7$1,100 and imprisoned for not less than 5 days nor more than 6 months.
AB207, s. 3 8Section 3. 346.65 (2) (am) 2. of the statutes is amended to read:
AB207,2,159 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not
10less than $350 $500 nor more than $1,100 $1,500 and imprisoned for not less than
115 10 days nor more than 6 months if the number of convictions under ss. 940.09 (1)
12and 940.25 in the person's lifetime, plus the total number of suspensions,
13revocations, and other convictions counted under s. 343.307 (1) within a 10-year
14period, equals 2, except that suspensions, revocations, or convictions arising out of
15the same incident or occurrence shall be counted as one.
AB207, s. 4 16Section 4. 346.65 (2) (bm) of the statutes is amended to read:
AB207,3,817 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of
18imprisonment for the successful completion of a probation period that includes
19alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
20and 940.25 in the person's lifetime, plus the total number of suspensions,

1revocations, and other convictions counted under s. 343.307 (1) within a 10-year
2period, equals 2, except that suspensions, revocations, or convictions arising out of
3the same incident or occurrence shall be counted as one, the fine shall be the same
4as under par. (am) 2., but the period of imprisonment shall be not less than 5 10 days,
5except that if the person successfully completes a period of probation that includes
6alcohol and other drug treatment, the period of imprisonment shall be not less than
75 10 nor more than 7 14 days. A person may be sentenced under this paragraph or
8under par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
AB207, s. 5 9Section 5. 346.65 (2g) (a) of the statutes is amended to read:
AB207,3,1810 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
11to provide that a defendant perform community service work for a public agency or
12a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
13(2) (am) 1m., 2., 3., 4., 4m., and 5., (f), and (g) and except as provided in par. (ag), the
14court may provide that a defendant perform community service work for a public
15agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under
16sub. (2) (am) 1. or may require a person who is subject to sub. (2) to perform
17community service work for a public agency or a nonprofit charitable organization
18in addition to the penalties specified under sub. (2).
AB207, s. 6 19Section 6. 346.65 (2g) (ag) of the statutes is amended to read:
AB207,4,220 346.65 (2g) (ag) If the court determines that a person does not have the ability
21to pay a fine imposed under sub. (2) (am) 1m., 2., 3., 4., 4m., or 5., (f), or (g), the court
22shall require the defendant to perform community service work for a public agency
23or a nonprofit charitable organization in lieu of paying the fine imposed or, if the
24amount of the fine was reduced under sub. (2e), in lieu of paying the remaining
25amount of the fine. Each hour of community service performed in compliance with

1an order under this paragraph shall reduce the amount of the fine owed by an amount
2determined by the court.
AB207, s. 7 3Section 7. 346.65 (2g) (d) of the statutes is amended to read:
AB207,4,74 346.65 (2g) (d) With respect to imprisonment under sub. (2) (am) 1m. or 2., the
5court shall ensure that the person is imprisoned for not less than 5 days the minimum
6term of imprisonment under sub. (2) (am) 1m. or 2.
or ordered to perform not less than
730 days of community service work under s. 973.03 (3) (a).
AB207, s. 8 8Section 8. 346.65 (7) of the statutes is amended to read:
AB207,4,119 346.65 (7) A person convicted under sub. (2) (am) 1m., 2., 3., 4., 4m., 5., 6., or
107. or (2j) (am) 2. or 3. shall be required to remain in the county jail for not less than
11a 48-consecutive-hour period.
AB207, s. 9 12Section 9. Initial applicability.
AB207,4,1613 (1) This act first applies to violations committed on the effective date of this
14subsection, but does not preclude the counting of other convictions, suspensions, or
15revocations as prior convictions, suspensions, or revocations for purposes of
16administrative action by the department of transportation or sentencing by a court.
AB207,4,1717 (End)
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